Green Card for an Immediate Relative of a U.S. Citizen

As an immediate relative of a U.S. citizen, obtaining a Green Card is one of the most direct and straightforward paths to permanent residency in the U.S. As an immediate family member, USCIS provides a streamlined process without visa caps or waitlists, making it faster and less complex than other family-based categories.

Who Qualifies as an Immediate Relative?

The U.S. government defines immediate relatives as close family members of U.S. citizens, specifically:

• Spouses of U.S. citizens
• Unmarried children under 21 of U.S. citizens
• Parents of U.S. citizens (if the U.S. citizen is 21 years or older)

Unlike other family-based green card categories, there is no limit on the number of Green Cards issued annually to immediate relatives, so you won't face long wait times due to visa caps.

The Application Process

Applying for a Green Card as an immediate relative of a U.S. citizen involves several important steps:

• Filing Form I-130

The U.S. citizen must first file a Petition for Alien Relative (Form I-130) with USCIS. This form establishes the familial relationship between the U.S. citizen and their immediate relative.

Adjustment of Status or Consular Processing

• If you're already in the U.S., you can apply for Adjustment of Status (Form I-485) either at the same time or after the I-130 is approved. This allows you to transition from a nonimmigrant to a lawful permanent resident without leaving the country.
• If you're outside the U.S., you'll undergo consular processing at a U.S. Embassy or Consulate in your home country. After your I-130 is approved, you'll be scheduled for a visa interview, after which you can travel to the U.S. to receive your Green Card.

Is This Path Suitable for You?

Obtaining a green card as an immediate relative of a U.S. citizen offers several advantages:

• There's no annual cap on green cards for immediate relatives, so you avoid the long waits seen in family preference categories.
• Immediate relatives already in the U.S. can file both the I-130 and I-485 simultaneously, speeding up the process.
• Without visa backlogs, most immediate relatives receive their Green Cards in under a year, making it one of the fastest paths to permanent residency.

Special Considerations for Spouses

For spouses seeking a marriage-based green card, additional steps are involved to verify the legitimacy of the marriage and that the couple qualify for marriage green card. USCIS will request evidence such as joint bank accounts, photos, and shared leases to confirm that the marriage is genuine. To obtain a green card by marriage where the marriage is less than two years old, the foreign spouse will receive a conditional Green Card. To remove this condition, both spouses must jointly file Form I-751 within two years.

A common question is, " Can a US citizen give me his Green Card?" While a U.S. citizen cannot directly "give" a Green Card, they can sponsor an immediate family member, such as a spouse, through processes like green card via marriage or green card through marriage. This involves filing the proper forms and meeting all eligibility requirements.

For spouses specifically, the green card for spouse process ensures that, if married to a U.S. citizen, you can pursue permanent residency through a green card by marriage. The marriage-based Green Card route is a reliable and often fast way to establish legal residency in the U.S.